People ex rel. Mack v. Smith

Petitioner was sentenced to the Narcotic Addiction Control Commission for a five-year term beginning October 12, 1972. He had proceeded through the course of narcotics treatment to the point where he was on aftercare status at Hasten Park in Buffalo, New York. Instead of letting him complete his NACC sentence, the State picked him up as a parole violator under his felony conviction of 1967 and imprisoned him in Attica Prison where he is now serving his felony sentence. The net effect of this maneuver between NACC and the Correction Department was to change petitioner’s narcotic sentence by…